New York Child Injury Claims: What You Need to Know

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Like adults, children can find themselves victim to negligence in personal injury or malpractice matters, facing long-term injuries and disabilities. However, children cannot file legal claims independently, as their parents or guardian hold the legal authority to file claims on their behalf. If your child or minor has been injured in an accident due to negligence, contact one of our experienced New York child injury attorneys at Halperin, Halperin & Weiskopf, PLLC to learn more about your rights. You may be entitled to significant compensation. 

Common Child Injury Accidents

Children are notoriously accident-prone. Some occur out of misfortune and cannot be prevented or foreseen; however, many child-related accidents are preventable where negligence is involved. These accidents include the following:

While some of these accidents can occur out of misfortune, with no one to blame, others are not. For example, a child tripping at recess may not constitute a child injury claim; however, if they swallowed a toy or object due to a lack of supervision, your child or minor may be entitled to compensation. For this reason, it is essential to consult with an experienced personal injury attorney to discuss your child or minor’s accident. 

Who is Liable in a child injury claim?

Several parties may be liable for your child or minor’s injuries; however, it depends on the nature of the accident. Commonly responsible parties in New York child injury claims include the following:

  • Babysitters, caretakers, or supervisors 
  • Teachers
  • Vehicle operators, including bus drivers
  • Landlords and property owners
  • Dog owners
  • Healthcare professionals, including pediatricians
  • Product manufacturers

Additionally, it is important to note that child injury claims typically fall under one of four types of liability:

Car Accident Liability: Like adults, children are entitled to compensation for their injuries. Children can receive compensation for any past, present, or future medical expenses, pain and suffering, or punitive damages, whether they’re passengers, pedestrians, or cyclists. 

Caretaker Negligence: Caretakers are responsible for monitoring your child to ensure preventable injuries do not occur. Thus, when you drop off your child at school, camp, or other activities, supervisors are responsible for your child’s health and safety and may be liable in the event of an accident. 

Premise Liability: Landlords and property owners must provide their tenants and patrons with safe conditions and ensure their premises are hazard-free. Failure to do so can result in a child injury claim, even if the child is considered a trespasser. For example, landlords must ensure their properties are lead-free to prevent lead poisoning in infants or children.

Defective Products: When products are not designed or manufactured with proper safety features or precautions, they can be liable for the resulting accidents. For example, toy manufacturers who use toxic materials can be responsible for any injuries related to their exposure. 

What types of compensation are available?

If your child or minor has been injured in an accident precipitated by negligence, they may be entitled to several different types of compensation. Our New York child injury attorneys will review the details of your case to identify damages to which they’re entitled, including:

  • Past, present, and future medical and rehabilitation expenses
  • Pain and suffering 
  • Loss of consortium
  • Emotional distress 
  • Loss of enjoyment of life
  • Temporary or permanent disability 
  • Lost earning capacity

Children are often entitled to significantly more compensation than adults; however, insurance companies will often go to great lengths to protect their clients. Thus, you must contact an experienced child injury attorney to discuss your case. Our team of experienced New York child injury attorneys at Halperin, Halperin & Weiskopf, PLLC will help ensure your child or minor’s injuries are not devalued and receive proper compensation for their injuries.

Statute of Limitations

Don’t wait to contact a New York child accident attorney, as there is a time limit. Like other personal injury claims, the statute of limitations for New York child accident claims extends three (3) years from the accident date, meaning you must file a claim on behalf of your child or minor within three years of their accident, or their claim may be voided.

If your child or minor has sustained injuries, and believe someone is at fault, contact the experienced personal injury lawyers at Halperin, Halperin & Weiskopf, PLLC to fight for the money they deserve. At Halperin, Halperin & Weiskopf, PLLC, we have decades of experience litigating child injury claims, and our results speak for themselves. Contact us for a free consultation at (212) 935-2600.

For more than 40 years, Halperin & Halperin, P.C. has built a reputation in the legal community for its hard work, diligent representation, and advocacy for victims of negligent wrongdoing, personal injury, medical and professional malpractice, and commercial litigation. Even if you choose not to retain us, our attorneys will give your issue the focus and dedication it deserves—and find someone who can assist you if we are unable.

Don’t hesitate to contact us today for a free consultation to discuss your civil litigation matter and any concerns relevant to your personal or business needs. Simply fill out our online form, or call us at (212) 935-2600. We’re glad to serve you.